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1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 92,643,074 and its amount from January 6, 2016.
Reasons
1. Basic facts
A. On February 3, 2015, Plaintiff B, the owner of each real estate listed in paragraphs 3 and 4 of the attached list Nos. 1 and 2, who is the owner of each real estate listed in the attached list Nos. 3 and 4, determined the lease period from February 23, 2015 to February 22, 2020, and leased each real estate listed in the attached list as KRW 200 million to the Defendant.
The main contents of the above lease agreement between the Plaintiffs and the Defendant (hereinafter “instant lease agreement”) are as follows:
The plaintiffs of the lease contract shall be the lessor and the defendant shall be the lessee, and the lease contract shall be concluded under the agreement of both parties on the following terms:
Article 4 (Rents) (1) The lessee shall pay the lessor a monthly contract period from February 23, 2015 to August 22, 2016, the deposit amount of KRW 200,000 to KRW 15,698,000, monthly rent of KRW 15,698,000, monthly rent of KRW 15,69,800, the sum of KRW 17,267,80.
If a lessee fails to pay the rental deposit, rent, expenses for removal, etc. by the deadline for payment, the lessee shall pay the overdue charge of 2% per month of the delayed amount to the date of next month, and may terminate the contract at the time the rent is unpaid for three months, and the unpaid amount shall be deducted in lump sum from the deposit.
Article 9 (Insurance) (1) A lessee shall buy a fire insurance policy for the facilities and instruments and fixtures owned by the lessee in order to protect the mutually owned property due to the occurrence of a fire between the lessor and other lessee and to prevent the difference of interests, such as the liability for compensation, etc.
(2) If a fire occurs due to negligence of a lessee, the lessor shall not be held liable for all the objects owned by the lessee, and the lessee shall be held liable for any damage incurred by the leased object.
Article 10 (Operation within Leaseed Articles and Construction of Facilities) (1)